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Labour Court
Metropolitan Bank Ltd v Rumbidzayi Musiyiwa
[2016] ZWLC 760
Case Details
Court
Labour Court
Date
2 December 2016
Citation
[2016] ZWLC 760
Judgment No.
LC/H/760/16
Outcome
unknown
Case Type
Review
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Labour arbitrationReview proceedingsDefault judgments
Keywords
Arbitral awardDefault judgmentRescissionReviewOral hearing
Tags
Review of arbitral awardDefault judgmentProcedural irregularity
legislation
Statutes Cited
- Arbitrator Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an arbitrator must be joined as a party in review proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Respondent objected to non-joinder of arbitrator"}
- {"issue_text":"Whether a party seeking to set aside a default arbitral award must use rescission procedure rather than review","issue_type":"procedural","dispositive":"yes","related_facts":"Award issued in default, applicant sought review"}
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background
Facts of the Case
Background
Metropolitan Bank Ltd sought review of an arbitral award issued in default on 15 April 2016, claiming the oral hearing was conducted in its absence. The respondent raised preliminary points that the arbitrator should have been joined and that the applicant used the wrong procedure by seeking review instead of rescission of the default judgment.
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